Prof Virender Gupta
The Bill named as “The Jammu and Kashmir Public Universities Bill” has been sent to the Union Home Minister of India for placing it in Parliament to get its approval as legislation. In the introductory lines of the Bill it has been claimed that it shall ensure the autonomy of the universities, their development to achieve competitive excellence, greater access, opportunities, equity and inclusion for imparting higher education in Jammu and Kashmir. But unfortunately, the proposed bill not only cuts at the roots of the Universities autonomy, but also negates and nullifies the totality of the system of academic evolutionary cosmos. It undermines the authority of the Vice-Chancellor and provides ample scope for the interference by the bureaucracy, pseudo-academics and unauthorized agencies in the university’s academic structure which shall be detrimental for the academics, including research methodology and research oriented programs.
The attempt to diminish the authority of the Vice-Chancellors of the Universities, empowering the Government officers in the Universities’ structure shall weaken the universities and thus the universities would not be able to deliver, what is expected. With some of the proposals made that erode the Autonomy of the University, the status of the Universities in Jammu and Kashmir vis-a-vis other Universities of the country and its grading by the UGC would suffer. There should be uniformity in the matter of selections of teachers throughout the country. If the procedure proposed in the Bill is followed, our teachers, particularly serving in the Jammu and Kashmir universities would be downgraded vis-a- vis the teachers serving in other universities.
Before discussing the other aspects of the proposed Jammu And Kashmir Public Universities Bill, let me take up the recruitment policy for the University Teachers and other officers of the University. At the outset it is required to strictly follow the UGC guidelines in order to keep uniformity vis-à-vis other universities in the country so that the faculty members of our university are recognized at par with the faculty members of other Universities. In the Clause 51, Chapter-VI the Bill asks for all India advertisement, thus desiring to attract the best talent from all over the country. It is not possible to attract the talent from rest of the country by introducing a State level entrance-cum screening test, followed by the interviews at the Assistant Professor and the Associate Professor level; both are to be conducted by the State Public Service Commission. In the interviews 60 percentage weightage is given to the marks scored in the test.
The selections of all categories of teachers and officers (including Financial Officer) should be made as per the UGC guidelines and as the practice followed in other universities. The Selections should be made by the University Selection Committees with Vice-Chancellor as Chairman. There should be no written test for any of the post. There should be uniformity in the matter of selections of teachers throughout the country. If the procedure proposed in the Bill is followed, our teachers, particularly serving in the Jammu and Kashmir universities would be downgraded vis-a- vis with the teachers serving in other universities. The status of the Universities in Jammu and Kashmir vis-a-vis with other Universities of the country and its grading by the UGC would also suffer. As per UGC guidelines and per the procedure followed in other universities, the selections of Assistant Professors and Associate Professors are done through the selection committees. All the selections for the posts of teachers and University officers are conducted under the Chairmanship of the Vice-Chancellor. The candidate appearing for the post of Assistant Professor has to earn eligibility by qualifying NET (National Eligibility Test) or any other recognized national test. The selections are conducted by the selection Committees. Three to four outside external subject experts (not connected with university), selected out of the panel of experts duly approved by the Management Council (presently called as Syndicate) and the Governing Council (presently called as University Council) are present in the selections as members of the selection committees. Selections are only based on the interviews, where appropriate weightage is given to the PhD, M Phil, Research Publications, conferences attended and other academic achievements of the candidates appearing.
Similarly the Associate Professors are selected through a University Selection Committee with Vice-Chancellor as its Chairman in the presence of external experts. The candidate applying for the post of Associate Professor is not required to appear in any of the screening or qualifying test. Selections are made on the basis of experience and academic achievements of the candidates.
It is obvious that a person from the rest of the country be discouraged to apply for the post of Assistant or Associate Professor under the proposed selection process in the Bill. The persons who have qualified NET or any other equivalent Test (by putting a extremely hard work), would not prefer to apply for the post of Assistant Professor in the State Universities/ Colleges, where he has to go through the proposed screening test. Whereas he has otherwise ample chance to get admission in other universities of the country, with his NET qualification.
In case of colleges, the Government if wants to hold screening Test for the selections for the posts of Assistant Professors for the benefit of those who have not qualified National level Test (NET) or any other such like Test, it should only conduct the test for the short listing the candidates. No weightage of marks be scored in the test. The candidates who have qualified the requisite nationally recognized Tests should be exempted from appearing in the test conducted by State PSC.
All the selections of teachers and officers (including Financial Officer) should be made as per the Guidelines provided by the University Grants Commission. The universities should be allowed to adopt the existing procedures for the employment of other employees; the existing procedures are well established and foolproof. In a very rare case a writ-petition is filed in the court against the selections of the employees in the universities.
The role of Vice Chancellor in the University is very important; he is executive head of the university. The growth and progress of the university both in the matters of academics and administration depends on how much freedom he enjoys in decisions making, with regards to university matters. While looking at the proposed University Act the following observations are made and modifications suggested:
* Keeping future structure of the Jammu and Kashmir UT in mind instead of mentioning Lieutenant Governor as Chancellor of the University, it should have been written Lieutenant Governor/ Governor
* The composition of The Jammu and Kashmir Higher Education Council has not been defined. It should have the proper representation of the Vice-chancellors of the State Universities, Principals of the Degree colleges, Minister/Advisor connected with Higher Education and the Secretary/Commissioner of Higher Education Department, and a few nominees of the chancellor selected out of the eminent educationist/ scientists of the country.
* Dean Academic Affairs and Dean of Research Studies should be included in University Officers category and their status needs to be defined. The Dean Research Studies should also be included in the Academic Council of the University.
* Clause 13 should be re-drafted as The Governor/Lieutenant Governor of Jammu and Kashmir shall be the Chancellor of the University.
* The Vice-Chancellor is the immediate officer, after the Chancellor; therefore, he is the first person who has to be consulted in the matters concerning the University and not the Government.
* The ultimate decisions on the matters pertaining to academics or administration should be taken in the appropriate bodies of the university; the Governing Council or Management Council.
* The financial powers of the Vice-Chancellor have not been define in Clause 19. There is need to specifically define his financial powers.
* The Finance Advisor/ Finance Secretary should be Co-Chairperson of the Finance and Audit Committee with the Vice-Chancellor as its Chairman. The Dean Academic Affairs should also be included as member of the Finance and Audit Committee.
* In Governing Council, the Minister of Higher Education/Advisor to the Government in Higher Education should be its member in place of Chief Secretary to the Government.
* Clause 31, pertaining to the members of the Governing Council, section (h) should be modified as “two persons nominated by the Chancellor, out of the panel submitted by the Vice-Chancellor who are……”.
In the case of Mata Vaishno Devi University or Islamic University of Science and Technology or Baba Ghulam Shah Badshah University, same procedure be followed in the matter of nomination of two persons by the Chancellors out of the panel submitted by the respective Vice-Chancellor.
* As per the UGC, the Cluster Universities have the same status as the other normal Universities have. These have been created to reduce the academic and administrative burden that the universities are facing. These are full- fledged universities in themselves. Therefore, Cluster Universities of the State should have the same statutes, Rules and Regulations.
* Clause 28. The Committee for the selection of Controller of Examination should have the following members:
* The Vice-Chancellor (b) The nominee of the Governing Council (c) Two eminent academicians having more than 10 years of experience as a professor to be selected out of the panel submitted by the Vice-Chancellor.
It is hoped that the concerned authorities would take a positive view about the analysis made and suggestions forwarded. It is appealed that the Bill Submitted to the Government of India should be withdrawn and resubmitted after having a thread bear discussions with the Vice-Chancellors and other academicians of the country and the state.
(The author was a member of Jammu University Council and Kurukhetra University Council)
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